Senate Bill S2689A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2689--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 28, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the state finance law, in relation to establishing the
  commission on the infrastructure of New York state

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The state finance law is amended by adding a new article 17
to read as follows:
                              ARTICLE XVII
           COMMISSION ON THE INFRASTRUCTURE OF NEW YORK STATE
SECTION 250. DEFINITIONS.
        251. COMMISSION   ON  THE  INFRASTRUCTURE  OF  NEW  YORK  STATE;
               CREATION; PROCEDURE.
        252. POWERS AND DUTIES.
  S 250. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "ACQUISITION" MEANS ANY NECESSARY ACTIVITIES FOR SITING A FACILITY,
EQUIPMENT, STRUCTURES OR  ROLLING  STOCK  BY  PURCHASE,  LEASE-PURCHASE,
TRADE OR DONATION.
  2. "COMMISSION" MEANS THE COMMISSION ON THE INFRASTRUCTURE OF NEW YORK
STATE  ESTABLISHED  PURSUANT  TO  SECTION  TWO HUNDRED FIFTY-ONE OF THIS
ARTICLE.
  3. "CONSTRUCTION" MEANS:
  (A) THE DESIGN, PLANNING AND ERECTION OF NEW INFRASTRUCTURE;
  (B) THE EXPANSION OF EXISTING INFRASTRUCTURE;
  (C) THE RECONSTRUCTION OF AN INFRASTRUCTURE  PROJECT  AT  AN  EXISTING
SITE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06112-02-2

              

S. 2689--A                          2

  (D)  THE  INSTALLATION OF INITIAL OR REPLACEMENT INFRASTRUCTURE EQUIP-
MENT.
  4. "INFRASTRUCTURE" MEANS A NONMILITARY STRUCTURE OR FACILITY, AND ANY
EQUIPMENT  AND  ANY NONSTRUCTURAL ELEMENTS ASSOCIATED WITH SUCH A STRUC-
TURE OR FACILITY, INCLUDING:
  (A) A SURFACE TRANSPORTATION FACILITY (SUCH AS A ROAD, BRIDGE, TUNNEL,
HIGHWAY, PUBLIC  TRANSPORTATION  FACILITY,  AND  FREIGHT  AND  PASSENGER
RAIL), AS THE COMMISSION DETERMINES TO BE APPROPRIATE;
  (B) A MASS TRANSIT FACILITY;
  (C) AN AIRPORT OR AIRWAY FACILITY;
  (D) A RESOURCE RECOVERY FACILITY;
  (E) A WATER SUPPLY AND DISTRIBUTION SYSTEM;
  (F)  A  WASTEWATER  COLLECTION,  CONVEYANCE,  OR TREATMENT SYSTEM, AND
RELATED FACILITIES;
  (G) A STORMWATER TREATMENT SYSTEM TO MANAGE, REDUCE,  TREAT  OR  REUSE
MUNICIPAL STORMWATER;
  (H) WATERWAYS, LOCKS, DAMS AND ASSOCIATED FACILITIES;
  (I)  A BREAKWATER, LEVEE OR ANY RELATED FLOOD DAMAGE REDUCTION FACILI-
TY;
  (J) A DOCK OR PORT;
  (K) A SOLID WASTE DISPOSAL FACILITY;
  (L) A FACILITY ESSENTIAL TO THE OPERATION OF TELECOMMUNICATIONS EQUIP-
MENT, AS THE COMMISSION DETERMINES TO BE APPROPRIATE; AND
  (M) A FACILITY ESSENTIAL TO THE SUPPLY OF ENERGY,  INCLUDING  BUT  NOT
LIMITED TO ENERGY IN THE FORM OF ELECTRICITY, NATURAL GAS, COAL, OIL AND
OTHER  PETROLEUM PRODUCTS, AND STEAM, AS THE COMMISSION DETERMINES TO BE
APPROPRIATE.
  5. "NONSTRUCTURAL ELEMENTS" MEANS:
  (A) ANY FEATURE THAT PRESERVES AND RESTORES A NATURAL PROCESS, A LAND-
FORM (INCLUDING A FLOODPLAIN), A NATURAL VEGETATED STREAM  SIDE  BUFFER,
WETLAND,  OR  ANY OTHER TOPOGRAPHICAL FEATURE THAT CAN SLOW, FILTER, AND
NATURALLY STORE STORMWATER RUNOFF AND FLOOD WATERS;
  (B) ANY NATURAL DESIGN TECHNIQUE  THAT  PERCOLATES,  FILTERS,  STORES,
EVAPORATES AND DETAINS WATER CLOSE TO THE SOURCE OF THE WATER; AND
  (C)  ANY  FEATURE THAT MINIMIZES OR DISCONNECTS IMPERVIOUS SURFACES TO
SLOW RUNOFF OR ALLOW PRECIPITATION TO PERCOLATE.
  6. "MAINTENANCE" MEANS ANY REGULARLY SCHEDULED  ACTIVITY,  SUCH  AS  A
ROUTINE  REPAIR,  INTENDED  TO  ENSURE  THAT INFRASTRUCTURE CONTINUES TO
OPERATE EFFICIENTLY AND AS INTENDED.
  7. "REHABILITATION" MEANS AN ACTION  TO  EXTEND  THE  USEFUL  LIFE  OR
IMPROVE THE EFFECTIVENESS OF EXISTING INFRASTRUCTURE, INCLUDING:
  (A) THE CORRECTION OF A DEFICIENCY;
  (B) THE MODERNIZATION OR REPLACEMENT OF EQUIPMENT;
  (C)  THE  MODERNIZATION OF, OR REPLACEMENT OF PARTS FOR, ROLLING STOCK
RELATING TO INFRASTRUCTURE;
  (D) THE USE OF NONSTRUCTURAL ELEMENTS; AND
  (E) THE REMOVAL OF INFRASTRUCTURE THAT IS DETERIORATED  OR  NO  LONGER
USEFUL.
  S  251.  COMMISSION ON THE INFRASTRUCTURE OF NEW YORK STATE; CREATION;
PROCEDURE. 1. THE COMMISSION ON THE INFRASTRUCTURE OF NEW YORK STATE  IS
HEREBY  CREATED TO HAVE AND EXERCISE THE POWERS, DUTIES AND PREROGATIVES
PROVIDED BY THE PROVISIONS OF THIS ARTICLE AND ANY  OTHER  PROVISION  OF
LAW.
  2.  THE PURPOSE OF THE COMMISSION IS TO ENSURE THAT THE INFRASTRUCTURE
OF THE STATE MEETS CURRENT AND FUTURE DEMAND  AND  FACILITATES  ECONOMIC

S. 2689--A                          3

GROWTH,  IS  MAINTAINED  IN  A MANNER THAT ENSURES PUBLIC SAFETY, AND IS
DEVELOPED OR MODIFIED IN A SUSTAINABLE MANNER.
  3.  THE  COMMISSION  SHALL  CONSIST  OF  FIVE MEMBERS APPOINTED BY THE
GOVERNOR, ONE OF WHOM SHALL BE APPOINTED UPON THE RECOMMENDATION OF  THE
TEMPORARY  PRESIDENT  OF THE SENATE, ONE OF WHOM SHALL BE APPOINTED UPON
THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY, AND ONE OF WHOM SHALL
BE APPOINTED UPON THE RECOMMENDATION OF THE COMPTROLLER. EACH MEMBER  OF
THE  COMMISSION  SHALL  HAVE  EXPERIENCE IN ONE OR MORE OF THE FIELDS OF
ECONOMICS,  PUBLIC  ADMINISTRATION,  CIVIL  ENGINEERING,  PUBLIC  WORKS,
CONSTRUCTION OR A RELATED DESIGN PROFESSION, PLANNING, PUBLIC INVESTMENT
FINANCING,  ENVIRONMENTAL  ENGINEERING,  OR WATER RESOURCES ENGINEERING.
THE  TERM  OF  THE  MEMBERS  FIRST  APPOINTED   SHALL   EXPIRE   JANUARY
THIRTY-FIRST,  TWO  THOUSAND  SIXTEEN,  AND  THEREAFTER THEIR SUCCESSORS
SHALL SERVE FOR TERMS OF TWO YEARS ENDING  ON  JANUARY  THIRTY-FIRST  IN
EACH  YEAR. UPON RECOMMENDATION OF THE NOMINATING OFFICIAL, THE GOVERNOR
MAY REPLACE ANY MEMBER IN ACCORDANCE WITH THE PROVISIONS OF THIS  SUBDI-
VISION  FOR THE APPOINTMENT OF MEMBERS. THE GOVERNOR SHALL DESIGNATE ONE
OF THE MEMBERS TO SERVE AS CHAIR. ANY DETERMINATION  OF  THE  COMMISSION
SHALL BE EVIDENCED BY A CERTIFICATION THEREOF EXECUTED BY ALL THE VOTING
MEMBERS.  EACH MEMBER OF THE COMMISSION SHALL BE ENTITLED TO DESIGNATE A
REPRESENTATIVE TO ATTEND MEETINGS OF THE COMMISSION IN HIS OR HER PLACE,
AND TO VOTE OR OTHERWISE ACT ON HIS OR HER BEHALF IN HIS OR HER ABSENCE.
NOTICE  OF SUCH DESIGNATION SHALL BE FURNISHED IN WRITING TO THE COMMIS-
SION BY THE DESIGNATING MEMBER. A  REPRESENTATIVE  SHALL  SERVE  AT  THE
PLEASURE OF THE DESIGNATING MEMBER DURING THE MEMBER'S TERM OF OFFICE. A
REPRESENTATIVE  SHALL  NOT  BE  AUTHORIZED TO DELEGATE ANY OF HIS OR HER
DUTIES OR FUNCTIONS TO ANY OTHER PERSON. THE COMMISSION  SHALL  MEET  AT
THE  CALL OF THE CHAIR OR UPON REQUEST OF THE MAJORITY OF THE MEMBERS. A
MAJORITY OF THE MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM, BUT
A LESSER NUMBER OF MEMBERS MAY CONDUCT HEARINGS.
  4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW,  NO  OFFICER  OR
EMPLOYEE OF THE STATE, OF ANY POLITICAL SUBDIVISION OF THE STATE, OF ANY
GOVERNMENTAL  ENTITY  OPERATING  ANY PUBLIC SCHOOL OR COLLEGE, OR OF ANY
OTHER PUBLIC AGENCY OR INSTRUMENTALITY OR UNIT OF GOVERNMENT WHICH EXER-
CISES GOVERNMENTAL POWERS UNDER THE LAWS OF  THE  STATE,  SHALL  FORFEIT
SUCH  OFFICE  OR  EMPLOYMENT BY REASON OF ACCEPTANCE OR APPOINTMENT AS A
MEMBER, REPRESENTATIVE, OFFICER, EMPLOYEE OR AGENT OF THE COMMISSION NOR
SHALL SERVICE AS SUCH MEMBER, REPRESENTATIVE, OFFICER, EMPLOYEE OR AGENT
OF THE COMMISSION BE DEEMED INCOMPATIBLE OR IN CONFLICT WITH SUCH OFFICE
OR EMPLOYMENT. THE MEMBERS, THEIR REPRESENTATIVES, OFFICERS AND STAFF TO
THE COMMISSION SHALL BE DEEMED EMPLOYEES WITHIN THE MEANING  OF  SECTION
SEVENTEEN OF THE PUBLIC OFFICERS LAW.
  5.  THE  MEMBERS  OF  THE COMMISSION SHALL SERVE WITHOUT SALARY OR PER
DIEM ALLOWANCE BUT SHALL BE ENTITLED TO  REIMBURSEMENT  FOR  ACTUAL  AND
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES PURSU-
ANT  TO  THIS ARTICLE OR OTHER PROVISION OF LAW; PROVIDED, HOWEVER, THAT
SUCH MEMBERS AND REPRESENTATIVES ARE NOT, AT THE TIME SUCH EXPENSES  ARE
INCURRED, PUBLIC EMPLOYEES OTHERWISE ENTITLED TO SUCH REIMBURSEMENT.
  S 252. POWERS AND DUTIES. 1. THE COMMISSION SHALL HAVE THE POWER TO:
  (A) ESTABLISH AND MAINTAIN A PRINCIPAL OFFICE WITHIN THE STATE;
  (B)  APPOINT A SECRETARY, COUNSEL, AND SUCH OTHER EMPLOYEES AND AGENTS
AS IT MAY DEEM NECESSARY, FIX THEIR COMPENSATION WITHIN THE  LIMITATIONS
PROVIDED BY LAW AND SUBJECT TO THE AVAILABILITY OF APPROPRIATIONS THERE-
FOR, AND PRESCRIBE THEIR DUTIES;
  (C)  HOLD  SUCH  HEARINGS, MEET AND ACT AT SUCH TIMES AND PLACES, TAKE
SUCH TESTIMONY, ADMINISTER SUCH OATHS OR AFFIRMATIONS AND  RECEIVE  SUCH

S. 2689--A                          4

EVIDENCE  AS THE COMMISSION CONSIDERS ADVISABLE TO CARRY OUT ITS RESPON-
SIBILITIES;
  (D) REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED RELEVANT, OR
MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
  (E)  REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, COMMIS-
SION OR OTHER AGENCY OF THE STATE, INCLUDING  ANY  PUBLIC  AUTHORITY  OR
PUBLIC  BENEFIT  CORPORATION,  ONE  OR  MORE  OF THE MEMBERS OF WHICH IS
APPOINTED BY THE GOVERNOR, OR FROM  ANY  POLITICAL  SUBDIVISION  OF  THE
STATE,  ANY INFORMATION AND RESOURCES NECESSARY TO CARRY OUT THE RESPON-
SIBILITIES AND PROVISIONS SET FORTH IN THIS SECTION;
  (F) ENTER INTO CONTRACTS WITH ANY PERSON, FIRM,  PARTNERSHIP,  LIMITED
LIABILITY  COMPANY,  CORPORATION,  NOT-FOR-PROFIT CORPORATION, POLITICAL
SUBDIVISION OF THE STATE, OR GOVERNMENTAL ENTITY;
  (G) ACCEPT, AS AGENT OF THE STATE, ANY GIFT, GRANT, DEVISE OR BEQUEST,
WHETHER CONDITIONAL OR UNCONDITIONAL NOTWITHSTANDING THE  PROVISIONS  OF
SECTION ELEVEN OF THIS CHAPTER, INCLUDING FEDERAL GRANTS, FOR ANY OF THE
PURPOSES  OF THIS ARTICLE. ANY MONIES SO RECEIVED MAY BE EXPENDED BY THE
COMMISSION TO EFFECTUATE ANY PURPOSE OF THIS  ARTICLE,  SUBJECT  TO  THE
SAME  LIMITATIONS  AS  TO  APPROVAL  OF  EXPENDITURES  AND  AUDIT AS ARE
PRESCRIBED FOR STATE MONIES APPROPRIATED FOR THE PURPOSES OF THIS  ARTI-
CLE;
  (H)  ISSUE  SUCH  REPORTS AND OTHER DOCUMENTS AS THE COMMISSION DETER-
MINES TO BE NECESSARY OR ADVISABLE;
  (I) ADVISE AND MAKE RECOMMENDATIONS TO THE GOVERNOR, THE  LEGISLATURE,
THE  COMPTROLLER, AND OTHER AGENCIES, AUTHORITIES AND POLITICAL SUBDIVI-
SIONS OF THE STATE ON MATTERS AFFECTING THE  CONDITION  OF  THE  STATE'S
INFRASTRUCTURE; AND
  (J)  PERFORM  ANY OTHER FUNCTIONS THAT ARE NECESSARY OR APPROPRIATE TO
FULFILL THE DUTIES AND RESPONSIBILITIES OF THE OFFICE.
  2. THE COMMISSION SHALL BE EMPOWERED  TO  INITIATE,  INTERVENE  IN  OR
PARTICIPATE  IN  ANY PROCEEDINGS BEFORE THE PUBLIC SERVICE COMMISSION OR
OTHER AGENCY OR ENTITY, TO THE EXTENT THAT SUCH PROCEEDINGS ARE  RELATED
TO THE PROPER PLANNING, FINANCING, CONSTRUCTION, MAINTENANCE OR REHABIL-
ITATION  OF  INFRASTRUCTURE  UNDER  THE  REGULATORY JURISDICTION OF SUCH
COMMISSION, AGENCY OR ENTITY.
  3. THE COMMISSION SHALL STUDY THE CONDITION OF THE  INFRASTRUCTURE  OF
THE  STATE ON AN ONGOING BASIS, INCLUDING BUT NOT LIMITED TO A REVIEW OF
THE FOLLOWING MATTERS:
  (A) THE CAPACITY OF INFRASTRUCTURE TO SUSTAIN CURRENT AND  ANTICIPATED
ECONOMIC  DEVELOPMENT  AND COMPETITIVENESS, INCLUDING LONG-TERM ECONOMIC
GROWTH, INCLUDING THE POTENTIAL RETURN TO THE STATE ECONOMY  ON  INVEST-
MENTS  IN  NEW  INFRASTRUCTURE  AS  OPPOSED  TO  INVESTMENTS IN EXISTING
INFRASTRUCTURE;
  (B)  THE  AGE  AND  CONDITION  OF  PUBLIC  INFRASTRUCTURE   (INCLUDING
CONGESTION  AND  CHANGES  IN  THE  CONDITION  OF  THAT INFRASTRUCTURE AS
COMPARED WITH PRECEDING YEARS);
  (C) THE METHODS USED TO FINANCE THE CONSTRUCTION,  ACQUISITION,  REHA-
BILITATION  AND  MAINTENANCE  OF INFRASTRUCTURE (INCLUDING GENERAL OBLI-
GATION BONDS, TAX-CREDIT BONDS, REVENUE BONDS, USER FEES, EXCISE  TAXES,
DIRECT GOVERNMENTAL ASSISTANCE AND PRIVATE INVESTMENT);
  (D)  ANY  TRENDS  OR  INNOVATIONS  IN  METHODS  USED  TO  FINANCE  THE
CONSTRUCTION, ACQUISITION, REHABILITATION AND MAINTENANCE OF INFRASTRUC-
TURE;
  (E) INVESTMENT REQUIREMENTS,  BY  TYPE  OF  INFRASTRUCTURE,  THAT  ARE
NECESSARY  TO  MAINTAIN  THE  CURRENT  CONDITION  AND PERFORMANCE OF THE

S. 2689--A                          5

INFRASTRUCTURE AND THE INVESTMENT NEEDED  (ADJUSTED  FOR  INFLATION  AND
EXPRESSED IN REAL DOLLARS) TO IMPROVE INFRASTRUCTURE IN THE FUTURE;
  (F)  BASED  ON  THE  CURRENT  LEVEL  OF  EXPENDITURE  (CALCULATED AS A
PERCENTAGE OF TOTAL EXPENDITURE AND IN  CONSTANT  DOLLARS)  BY  FEDERAL,
STATE AND LOCAL GOVERNMENTS:
  (I)  THE  PROJECTED  AMOUNT  OF  NEED THE EXPENDITURES WILL MEET FIVE,
FIFTEEN, THIRTY AND FIFTY YEARS AFTER THE EFFECTIVE DATE OF  THIS  ARTI-
CLE; AND
  (II) THE LEVELS OF INVESTMENT REQUIREMENTS, AS IDENTIFIED IN PARAGRAPH
(E) OF THIS SUBDIVISION;
  (G) TRENDS OR INNOVATIONS IN INFRASTRUCTURE PROCUREMENT METHODS;
  (H)  TRENDS  OR  INNOVATIONS  IN CONSTRUCTION METHODS OR MATERIALS FOR
INFRASTRUCTURE;
  (I) THE IMPACT OF LOCAL DEVELOPMENT PATTERNS OF DEMAND FOR FUNDING  OF
INFRASTRUCTURE;
  (J) THE IMPACT OF DEFERRED MAINTENANCE; AND
  (K) THE COLLATERAL IMPACT OF DETERIORATED INFRASTRUCTURE.
  4.  THE  COMMISSION  SHALL  DEVELOP  RECOMMENDATIONS  BASED ON INITIAL
STUDIES UNDERTAKEN PURSUANT TO SUBDIVISION THREE OF  THIS  SECTION,  AND
SHALL  REPORT  ITS  FINDINGS  AND  RECOMMENDATIONS  TO THE GOVERNOR, THE
LEGISLATURE AND THE COMPTROLLER NOT LATER THAN EIGHTEEN MONTHS AFTER THE
EFFECTIVE DATE OF THIS ARTICLE. THE RECOMMENDATIONS  OF  THE  COMMISSION
SHALL  INCLUDE RECOMMENDED IMPROVEMENTS IN PRIORITIZING THE PLANNING AND
FUNDING OF INFRASTRUCTURE INVESTMENTS, IMPROVED PROCEDURES FOR  ENSURING
THAT  SCHEDULES FOR MAINTENANCE AND REHABILITATION OF INFRASTRUCTURE ARE
ADHERED TO, AND IMPROVEMENTS IN CRITERIA AND PROCEDURES THAT MAY BE USED
BY STATE AGENCIES AND AUTHORITIES AND LOCAL GOVERNMENTS IN:
  (A) INVENTORYING EXISTING AND NEEDED INFRASTRUCTURE IMPROVEMENTS;
  (B) ASSESSING THE CONDITION OF INFRASTRUCTURE IMPROVEMENTS;
  (C) DEVELOPING UNIFORM CRITERIA AND PROCEDURES FOR USE  IN  CONDUCTING
THE INVENTORIES AND ASSESSMENTS; AND
  (D)  MAINTAINING  DATA  IN  A  FORM  THAT IS READILY ACCESSIBLE TO THE
PUBLIC.
  5. THE COMMISSION SHALL REPORT UPDATED FINDINGS AND RECOMMENDATIONS IN
A MANNER CONSISTENT WITH THE PROVISIONS  OF  SUBDIVISION  FOUR  OF  THIS
SECTION. SUCH REPORTS SHALL BE ISSUED NOT LATER THAN THE LAST DAY OF THE
CALENDAR  YEAR FOLLOWING THE YEAR IN WHICH THE REPORT REQUIRED BY SUBDI-
VISION FOUR OF THIS SECTION IS ISSUED  AND,  THEREAFTER,  ON  AN  ANNUAL
BASIS.
  6.  THE COMMISSION SHALL ADVOCATE FOR THE NEED FOR EQUITABLE TREATMENT
OF THE INFRASTRUCTURE NEEDS OF THE  STATE  IN  ANY  APPROPRIATE  FEDERAL
PROCEEDING AND IN ANY MATTER OTHERWISE UNDER CONSIDERATION BY THE FEDER-
AL GOVERNMENT. THE COMMISSION SHALL MONITOR AND PARTICIPATE IN ANY EVAL-
UATIONS CONDUCTED BY FEDERAL AGENCIES OF THE STATE OF THE INFRASTRUCTURE
OF THE UNITED STATES.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.